RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 17, 2012 No. 659

About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus and recognition No. 1470 which voided resolutions of Council of Ministers of the Republic of Belarus of November 4, 2006

Based on article 4 of the Law of the Republic of Belarus of January 7, 2012 "About modification and amendments in the Code of the Republic of Belarus about scrap and family" and article 2 of the Law of the Republic of Belarus of January 7, 2012 "About modification and amendments in the Law of the Republic of Belarus "About guarantees on social protection детейсирот," the Council of Ministers of the Republic of Belarus DECIDES: children without parental support, and also persons from among orphan children and children without parental support

1. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

1.1. in the Regulations on guardianship and custody bodies in the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 1999 No. 1676 (The national register of legal acts of the Republic of Belarus, 1999, No. 85, 5/1944; 2005, No. 52, 5/15722; 2007, No. 4, 5/24440; 2010, No. 106, 5/31731):

the second Item 2 to state part in the following edition:

"Implementation of functions on guardianship and custody is assigned:

concerning minors - on management (department) of formation of district, city executive committee, local administration of the area in the city, and in the cases provided by legal acts of the Republic of Belarus - on the commission on cases of minors of district, city executive committee, local administration of the area in the city in the location of the child;

concerning full age persons who are recognized as incapacitated or it is limited capable, - on management of health care of regional executive committee, Healthcare Committee of the Minsk city executive committee.";

from the paragraph of the sixth Item 3 of the word" and to exclude the full age capable persons needing establishment of patronage over them";

add the Provision with Item 5-1 of the following content:

"5-1. For settlement of the problematic issues connected with implementation of guardianship over persons recognized by court incapacitated owing to mental disturbance (sincere disease or weak-mindedness) in regional executive committees and the Minsk Gorispolkom coordination councils on guardianship over persons recognized in accordance with the established procedure incapacitated are created, structure and provisions on which affirm the order of the chairman of the relevant executive committee.

Coordination councils are created of number of persons employed of structural divisions of the regional executive committees, the Minsk Gorispolkom performing functions on guardianship and custody, district executive committees, administrations of districts of the city and the organizations which property is in utility property, including from representatives of governing bodies of health care, bodies for work, employment and social protection, law enforcement agencies and others.";

in Item 7:

in subitem 7.2 of the word "and safety of their property" shall be replaced with words ", safety of their property, and also perform other functions of the guardian, custodian";

from subitem 7.3 of the word "custodians assistants (persons performing patronage over full age capable persons), adoptive parents, roditeleyvospitatel of orphanages of family type, the children's village (town)," to exclude;

add Item with subitem 7.3-1 of the following content:

"7.3-1. record persons which expressed desire to become guardians or custodians;";

add Item with subitem 7.4-1 of the following content:

"7.4-1. in the case provided in article 155 of the Code of the Republic of Belarus about scrap and family appoint the guardian over property or transfer property of the ward to storage;";

to add subitem 7.14 after the words "in the state protection" with the words "if finding of the child in socially dangerous provision is not connected with inadequate accomplishment by parents of obligations on education and content of the child";

subitem 7.18 after the word "surnames" to add with the word of "own";

state subitem 7.20 in the following edition:

"7.20. perform organizational measures for the device of orphan children and children without parental support, on education in families, their transfer on foster education, optimization of network of child care residential care facilities;";

add Item with subitems 7.22-7.25 of the following content:

"7.22. resolve disagreements between guardians (custodians) and the child's parents (other close relatives) and determine procedure for communication with the child;

7.23. make the decision on establishment of patronage at the request of full age capable person who for health reasons cannot independently perform and protect the rights and fulfill duties, appoint, exempt or discharge the custodian assistant on representation of body for work, employment and social protection;

7.24. make the decision on creation and on closing of foster home, orphanage of family type;

7.25. make the decision on possibility of education by adoptive parents, parents tutors of orphan children and children without parental support, in case of early agreement cancelation on conditions of education and content of children and (or) the employment contract.";

in Item 8:

word in paragraph one of "local executive and administrative organs" shall be replaced with words "district, city executive committee, local administration of the area in the city";

add subitem 8.1 with words ", inform the commissions on cases of minors of district, city executive committees, local administrations on the chosen forms of the device on education of the children recognized by persons in need in the state protection";

to add subitem 8.5 after words of "the children's village (town)" with words ", foster tutors";

add subitem 8.10 with words ", foster tutors";

state subitem 8.13 in the following edition:

"8.13. exercise control of living conditions and education of the children transferred under guardianship (guardianship) on education in foster home, orphanage of family type, the children's village (town), families of foster tutors, and also in families where the children who are in socially dangerous provision, children concerning whom information on improper execution by parents of parental responsibilities, families in which children after the placement on the state providing, including after recovery of parents in the parent rights are returned arrived live;";

state subitem 8.17 in the following edition:

"8.17. at the request of court reveal opinion of the child by hearing of cases on the disputes affecting the rights and legitimate interests of minors;";

add subitem 8.19 with words ", foster tutors also draw up statements of inspection and the conclusion about availability in families of candidates of the conditions necessary for education of children";

add Item with subitems 8.21 and 8.22 of the following content:

"8.21. issue to the guardian (custodian), the adoptive parent, the parent tutor of orphanage of family type the certificate on the right of representation of interests of the ward in form according to appendix 1;

8.22. inform and advise citizens about conditions of foster education and procedure for transfer of children on foster education, perform matching of foster tutors, will organize matching of the children transferred to foster education.";

in Item 9:

add subitem 9.4 with words ", including before appointment over them of the guardian or the custodian";

in subitem 9.5 the word is "represented" shall be be replaced with words "no later than one month from the date of receipt from court of information on recognition of person incapacitated or it is limited by capable represent";

add Item with subitem 9.51 of the following content:

"9.51. if necessary provide control over persons recognized by court incapacitated before appointment of the guardian over them;";

state subitem 9.6 in the following edition:

"9.6. check accomplishment by guardians and custodians of the obligations assigned to them in the way:

carrying out control inspections of living conditions of wards at least two times a year which are drawn up by the corresponding inspection statement;

the analysis of annual written reports for previous year about storage of property of the ward and management of it;";

state subitem 9.7 in the following edition:

"9.7. initiate in necessary cases before guardianship and custody bodies of the petition for release or discharge of guardians or custodians from accomplishment of their obligations, including in case of receipt of messages of the organizations of health care giving mental health services to the population about the revealed abuses of guardians or custodians concerning wards, about deterioration in conditions of their accommodation and content;";

exclude Item 10;

from Item 12 of the word"," to exclude the Ministry of Labour and Social Protection;

1.2. in Regulations on the procedure for property management of wards approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 1999 No. 1677 (The national register of legal acts of the Republic of Belarus, 1999, No. 85, 5/1945; 2002, No. 133, 5/11532; 2005, No. 52, 5/15773; 2007, No. 287, 5/26184; 2009, No. 14, 5/29066):

the second Item 10 to add item 4 and part with the words "Republic of Belarus";

in part two of Item 9 of the word "current legislation" shall be replaced with words "the legislation of the Republic of Belarus";

in Item 15:

after part one to add Item with part of the following content:

"The guardian only for the benefit of the full age citizens recognized by court incapacitated and who are constantly living in psychoneurological houses nursing homes for aged and disabled people with the preliminary written permission of guardianship and custody body has the right to make the expenses necessary for improvement of content of wards (purchase of goods of long-term use (furniture, household, audio-, video equipment, home decoration), repair of household appliances, the premises provided for accommodation, clothes, footwear and another), at the expense of the amounts which are due to wards as their income from delivery according to employment contracts of the premises belonging to them on the property right.";

the second to consider part part three;

to exclude from Items 21 and 34 of the word "or on work and social protection";

in appendix to this Provision of the word "name, middle name" shall be replaced with words "own name, middle name (if that is available)";

1.3. The regulations on foster home approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 1999 No. 1678 (The national register of legal acts of the Republic of Belarus, 1999, No. 85, 5/1946; 2002, No. 89, 5/10901; 2005, No. 52, 5/15754; 2006, No. 20, 5/17175; 2008, No. 6, 5/26438; 2010, No. 184, 5/32249; 2011, No. 92, 5/34264) to be reworded as follows it (is applied);

1.4. in Item 1 and part two of Item 2 of the Regulations on procedure for approval of the procedure of the international adoption and interaction with the competent organizations of foreign states within this procedure approved by the resolution of Council of Ministers of the Republic of Belarus of September 21, 2004 No. 1173 (The national register of legal acts of the Republic of Belarus, 2004, No. 154, 5/14880; 2007, No. 40, 5/24639) shall be replaced with words the words "in the territory of foreign state" "outside the Republic of Belarus";

1.5. in the resolution of Council of Ministers of the Republic of Belarus of December 14, 2005 No. 1454 "About procedure for the organization of work with citizens in the bodies registering acts of civil status for issue of the references or other documents containing confirmation of the facts having legal value" (The national register of legal acts of the Republic of Belarus 2006, No. 1, 5/16951; 2007, No. 1, 5/24388; 2008, No. 6, 5/26438; No. 235, 5/28406; 2010, No. 171, 5/32170; 2011, No. 92, 5/34264):

1.5.1. in item 4 of the word of "books of registration" to replace with the word of "records";

1.5.2. in Regulations on the order of registration of acts of civil status and issue of documents and (or) references by the bodies registering acts of civil status, approved by this resolution:

1.5.2.1. in Item 1 of the word" (further - bodies of registry office)" shall be replaced with words "(further, unless otherwise specified, - bodies of registry office)";

1.5.2.2. in Item 3:

"bodies of registry office" to add part one after words with the words "based on the documents provided by interested persons";

in part two to replace the word "Making" with the word "Implementation";

the fifth after words of "executive committee" and "rural local executive and administrative organ" to add part respectively with words "(further - department of registry office)" and "(further - posselyispolok)";

in part six:

after the word of "functions" to add part with words "(further - foreign institution)";

the words "Ministries of Foreign Affairs of the Republic of Belarus" shall be replaced with words "Ministries of Foreign Affairs";

to exclude from part seven of the word "Republic of Belarus";

1.5.2.3. in Item 7:

in part one "Item" shall be replaced with words the word "in Item part two";

in word part two "normative legal" to replace with the word "legislative";

1.5.2.4. in Item 8:

after part one to add Item with parts of the following content:

"Civil registration of the foreign citizens and stateless persons who are not knowing state languages of the Republic of Belarus is made with the assistance of the translator who supported the professional level by the relevant documents (the diploma, the copy of the service record, the letter recommendation and another). In case of registration of the act of civil status by foreign institution necessary transfer can be made by the employee of foreign institution knowing the corresponding foreign language.

Civil registration of the illiterate deaf, mute or deaf-and-dumb citizen is made in the presence of the person who is owning technology of sign language translation (signer) and supported the qualification by the relevant documents.

In the column "For Other Marks" of record of the act record about participation in registration of the act of civil status of the translator (signer) who confirms reliability of the transfer made by it by putting down of the sign manual with indication of surname and initials is made.";

the second to consider part part five;

1.5.2.5. add Item 10 with part seven of the following content:

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